S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4770--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M. of A. KOLB, RAIA, GIGLIO, LOPEZ, PALMESANO, MONTESANO
   -- Multi-Sponsored by -- M. of A. HAWLEY, McLAUGHLIN -- read once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  the  addition  of  a  new  article 20 to the constitution, in
   relation to providing for initiative and referendum and recall
 
   Section 1. Resolved (if the Senate concur), That  article  20  of  the
 constitution  be  renumbered article 21 and a new article 20 be added to
 read as follows:
                                ARTICLE XX
                   INITIATIVE AND REFERENDUM AND RECALL
   SECTION 1. 1. THE INITIATIVE IS THE POWER OF THE ELECTORS  TO  PROPOSE
 STATUTES AND AMENDMENTS TO THE CONSTITUTION AND TO ADOPT OR REJECT THEM.
   2.  AN  INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRE-
 TARY OF STATE A PETITION THAT SETS FORTH THE TEXT OF THE PROPOSED  STAT-
 UTE  OR  AMENDMENT  TO  THE  CONSTITUTION  AND IS CERTIFIED TO HAVE BEEN
 SIGNED BY ELECTORS EQUAL IN NUMBER TO FIVE PERCENT  IN  THE  CASE  OF  A
 STATUTE,  AND EIGHT PERCENT IN THE CASE OF AN AMENDMENT TO THE CONSTITU-
 TION, OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST  GUBERNA-
 TORIAL ELECTION.
   3.  THE  SECRETARY  OF STATE SHALL THEN SUBMIT THE MEASURE AT THE NEXT
 GENERAL ELECTION HELD AT LEAST ONE  HUNDRED  THIRTY-ONE  DAYS  AFTER  IT
 QUALIFIES OR AT ANY SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT GENER-
 AL  ELECTION. THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE
 MEASURE.
   4. AN INITIATIVE MEASURE EMBRACING MORE THAN ONE SUBJECT  MAY  NOT  BE
 SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT.
   5.  AN  INITIATIVE  MEASURE SHALL NOT INCLUDE OR EXCLUDE ANY POLITICAL
 SUBDIVISION  OF  THE  STATE  FROM  THE  APPLICATION  OR  EFFECT  OF  ITS
 PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89038-03-7

 A. 4770--A                          2
 
 OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
 THE MEASURE, BY THE ELECTORS OF THAT POLITICAL SUBDIVISION.
   6.  AN  INITIATIVE MEASURE SHALL NOT CONTAIN ALTERNATIVE OR CUMULATIVE
 PROVISIONS WHEREIN ONE OR MORE OF  THOSE  PROVISIONS  WOULD  BECOME  LAW
 DEPENDING  UPON  THE  CASTING  OF A SPECIFIED PERCENTAGE OF VOTES FOR OR
 AGAINST THE MEASURE.
   § 2. 1. THE REFERENDUM IS THE POWER OF  THE  ELECTORS  TO  APPROVE  OR
 REJECT  STATUTES  OR PARTS OF STATUTES EXCEPT STATUTES CALLING ELECTIONS
 AND STATUTES PROVIDING  FOR  TAX  LEVIES  OR  APPROPRIATIONS  FOR  USUAL
 CURRENT EXPENSES OF THE STATE.
   2. A REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRETARY
 OF  STATE, WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE STATUTE, A
 PETITION CERTIFIED TO HAVE BEEN SIGNED BY ELECTORS EQUAL  IN  NUMBER  TO
 FIVE  PERCENT  OF  THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST
 GUBERNATORIAL ELECTION, ASKING THAT THE STATUTE OR PART OF IT BE SUBMIT-
 TED TO THE ELECTORS. IN THE CASE OF A STATUTE ENACTED BY A  BILL  PASSED
 BY THE LEGISLATURE ON OR BEFORE THE DATE THE LEGISLATURE ADJOURNS IN THE
 SECOND  CALENDAR YEAR OF THE BIENNIUM OF THE LEGISLATIVE SESSION, AND IN
 THE POSSESSION OF THE GOVERNOR AFTER THAT DATE, THE PETITION MAY NOT  BE
 PRESENTED  ON  OR  AFTER JANUARY FIRST NEXT FOLLOWING THE EFFECTIVE DATE
 UNLESS A COPY OF THE PETITION  IS  SUBMITTED  TO  THE  ATTORNEY  GENERAL
 PURSUANT  TO  SUBDIVISION  FOUR  OF SECTION THREE OF THIS ARTICLE BEFORE
 JANUARY FIRST.
   3. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE  AT  THE  NEXT
 GENERAL  ELECTION HELD AT LEAST THIRTY-ONE DAYS AFTER IT QUALIFIES OR AT
 A SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT  GENERAL  ELECTION.  THE
 GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE MEASURE.
   §  3. 1. AN INITIATIVE STATUTE OR REFERENDUM APPROVED BY A MAJORITY OF
 VOTES THEREON TAKES EFFECT THE DAY AFTER THE ELECTION UNLESS THE MEASURE
 PROVIDES OTHERWISE. IF A REFERENDUM PETITION IS FILED AGAINST A PART  OF
 A STATUTE THE REMAINDER SHALL NOT BE DELAYED FROM GOING INTO EFFECT.
   2. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
 CONFLICT,  THOSE  OF  THE MEASURE RECEIVING THE HIGHEST AFFIRMATIVE VOTE
 SHALL PREVAIL.
   3. THE LEGISLATURE MAY AMEND OR REPEAL  REFERENDUM  STATUTES.  IT  MAY
 AMEND  OR  REPEAL  AN INITIATIVE STATUTE BY ANOTHER STATUTE THAT BECOMES
 EFFECTIVE ONLY WHEN APPROVED BY THE ELECTORS UNLESS THE INITIATIVE STAT-
 UTE PERMITS AMENDMENT OR REPEAL WITHOUT THEIR APPROVAL.
   4. PRIOR TO CIRCULATION OF AN INITIATIVE OR  REFERENDUM  PETITION  FOR
 SIGNATURES,  A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL WHO SHALL
 PREPARE A TITLE AND SUMMARY OF THE MEASURE AS PROVIDED BY LAW.
   5. THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH  PETITIONS  SHALL
 BE  CIRCULATED,  PRESENTED, AND CERTIFIED, AND MEASURES SUBMITTED TO THE
 ELECTORS.
   § 4. 1. INITIATIVE AND REFERENDUM POWERS MAY BE EXERCISED BY THE ELEC-
 TORS OF EACH CITY OR COUNTY UNDER PROCEDURES THAT THE LEGISLATURE  SHALL
 PROVIDE.  EXCEPT  AS  PROVIDED  IN  SUBDIVISIONS  TWO  AND THREE OF THIS
 SECTION, THIS SECTION DOES NOT AFFECT A CITY HAVING A CHARTER.
   2. A CITY OR COUNTY INITIATIVE MEASURE SHALL NOT  INCLUDE  OR  EXCLUDE
 ANY  PART  OF  THE  CITY OR COUNTY FROM THE APPLICATION OR EFFECT OF ITS
 PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,
 OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
 THE MEASURE, BY THE ELECTORS OF THE CITY OR COUNTY OR ANY PART THEREOF.
   3. A CITY OR COUNTY INITIATIVE MEASURE SHALL NOT  CONTAIN  ALTERNATIVE
 OR  CUMULATIVE  PROVISIONS WHEREIN ONE OR MORE OF THOSE PROVISIONS WOULD

 A. 4770--A                          3
 
 BECOME LAW DEPENDING UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES
 FOR OR AGAINST THE MEASURE.
   §  5. NO AMENDMENT TO THE CONSTITUTION, AND NO STATUTE PROPOSED TO THE
 ELECTORS BY THE LEGISLATURE OR BY INITIATIVE, THAT NAMES ANY  INDIVIDUAL
 TO  HOLD  ANY  OFFICE, OR NAMES OR IDENTIFIES ANY PRIVATE CORPORATION TO
 PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY, MAY BE  SUBMITTED  TO
 THE ELECTORS OR HAVE ANY EFFECT.
   §  6.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE OFFI-
 CER.
   § 7. 1. RECALL OF A STATE OFFICER IS INITIATED BY  DELIVERING  TO  THE
 SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF
 REASON IS NOT REVIEWABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE
 SIGNED PETITIONS.
   2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
 EQUAL  IN NUMBER TO TWELVE PERCENT OF THE LAST VOTE FOR THE OFFICE, WITH
 SIGNATURES FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT  OF
 THE  LAST  VOTE  FOR  THE  OFFICE  IN  THE  COUNTY. SIGNATURES TO RECALL
 SENATORS, MEMBERS OF THE ASSEMBLY, AND  JUDGES  OF  SUPREME  COURTS  AND
 TRIAL  COURTS  MUST  EQUAL IN NUMBER TWENTY PERCENT OF THE LAST VOTE FOR
 THE OFFICE.
   3. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
 SIGNATURES CERTIFIED TO THAT OFFICE.
   §  8. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF
 APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY  THE  GOVERNOR  AND
 HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
 CERTIFICATION OF SUFFICIENT SIGNATURES.
   2.  A  RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS
 FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES  IN  ORDER  THAT
 THE  ELECTION  MAY  BE  CONSOLIDATED  WITH  THE NEXT REGULARLY SCHEDULED
 ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME  JURISDICTION  IN
 WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
 VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
 PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
   3.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER IS
 REMOVED AND, IF THERE IS A  CANDIDATE,  THE  CANDIDATE  WHO  RECEIVES  A
 PLURALITY  IS  THE  SUCCESSOR.  THE  OFFICER MAY NOT BE A CANDIDATE, NOR
 SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILED PURSUANT TO SECTION TWO
 OF ARTICLE SIX.
   § 9. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
 CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
 ELECTION.
   § 10. IF RECALL OF THE GOVERNOR OR SECRETARY OF  STATE  IS  INITIATED,
 THE  RECALL  DUTIES  OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT
 GOVERNOR OR COMPTROLLER, RESPECTIVELY.
   § 11. A STATE OFFICER WHO IS NOT RECALLED SHALL BE REIMBURSED  BY  THE
 STATE  FOR THE OFFICER'S RECALL ELECTION EXPENSES LEGALLY AND PERSONALLY
 INCURRED. ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE OFFICER  UNTIL
 SIX MONTHS AFTER THE ELECTION.
   § 12. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS. THIS
 SECTION  DOES  NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS PROVIDE FOR
 RECALL.
   § 2. Resolved (if the Senate concur), That the foregoing amendment  be
 referred  to  the  first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.